CHAPTER 1. Railroad Corporations [7503. - 7727.]

Chapter 1 enacted by Stats. 1951, Ch. 764.

§§ 7503–7727 · 102 sections

1. ARTICLE 1. Administration and Finance §§ 7503–7508 · 3 sections

   • § 7503 Any person or any corporation formed under the laws of this State or of any other state within the United States that the directors of a railroad corporation…
   • § 7505 (a) Revenue derived from passenger rail service on the Northwestern Pacific Railroad right-of-way south of Willits to Larkspur shall only be used for capital…
   • § 7508 Subject to the provisions of Part 1 of Division 1 and of the Corporations Code, any railroad corporation, or person or corporation owning any railroad in this…
2. ARTICLE 2. Powers and Duties §§ 7526–7538 · 12 sections

   • § 7526 Every railroad corporation has all of the following powers: (a) To make such examination and surveys as are necessary to the selection of the most advantageous…
   • § 7527 Every railroad corporation also has all of the following powers: (a) To carry persons and property on its railroad, and to receive tolls or compensation…
   • § 7528 Every person or corporation authorized to operate a railroad is authorized to use steam, diesel, electricity, compressed air, or any other suitable motive…
   • § 7529 Railroad corporations doing business in this State and organized under any law of this State or the United States, or of any state or territory thereof, may…
   • § 7530 Every railroad corporation in this State shall, within a reasonable time after its road is finally located, make a map and profile thereof, and of the land…
   • § 7531 If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, it appears that the location can be improved,…
   • § 7531.5 Upon receipt by it of an application, filed with either the federal Surface Transportation Board or the Public Utilities Commission, to abandon a line of…
   • § 7533 The board of directors of any railroad corporation may at any time after the original location and construction of its railroad, in order to provide better…
   • § 7535 Whenever the track of one railroad intersects or crosses the track of another railroad, whether it is a street railroad, wholly within the limits of a city, or…
   • § 7536 Whenever the track of a railroad crosses another railroad or a highway, such railroad or highway may be carried under, over, or on a level with the track, as…
   • § 7537 The owner of any lands along or through which any railroad is constructed or maintained, may have such farm or private crossings over the railroad and railroad…
   • § 7538 At every farm or private grade crossing of a railroad where no automatic grade crossing protective device is in place there shall be installed, as a means of…
3. ARTICLE 3. Rights of Way and Franchises §§ 7551–7557 · 10 sections

   • § 7551 Every railroad corporation is granted the right of way for the location, construction, and maintenance of its necessary works, and for every necessary adjunct…
   • § 7551.1 The Secretary of Transportation may grant to every railroad corporation whose primary business is the transportation of passengers the rights-of-way for the…
   • § 7551.3 (a) To ensure that a fair and reasonable price is paid for public acquisition of railroad rights-of-way, it is the intent of the Legislature to have railroad…
   • § 7552 (a) Every railroad corporation is granted the right, subject to subdivision (b), to take from any of the lands belonging to the state, adjacent to the works of…
   • § 7553 When any selection of a right of way, or land for an adjunct to the works of a railroad corporation, is made by any corporation, the secretary thereof shall…
   • § 7554 If any corporation receiving state lands or appurtenances thereunder is dissolved, ceases to exist, is discontinued, or the route or line of its works is so…
   • § 7555 No railroad corporation may use any street, alley, or highway, or any of the land, whether covered by water or otherwise, owned by any city or county, unless…
   • § 7556 The governing body of a county, city and county, or city, under such regulations, restrictions, and limitations, and upon such terms and payment of license tax…
   • § 7556.1 Notwithstanding Section 7556, to railroad corporations whose primary business is the transportation of passengers, the governing body of a county, city and…
   • § 7557 Where any railroad or street railroad tracks are located on property that a public entity is authorized to acquire by eminent domain for road, highway,…
4. ARTICLE 4. Conditional Sale of Railroad Equipment §§ 7576–7578 · 3 sections

   • § 7576 In any contract for the sale of railroad or street railway equipment or rolling stock, it is lawful to agree that title to the property sold or contracted to…
   • § 7577 In any contract for the leasing or hiring of railroad or street railway equipment or rolling stock, it is lawful to stipulate for a conditioned sale thereof at…
   • § 7578 No contract of the type provided for in this article shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value…
5. ARTICLE 5. Railroad Equipment §§ 7601–7614 · 14 sections

   • § 7601 Except as provided in Section 7602 every common carrier by railroad operating within this State shall maintain, on what is known as passing track sidings, a…
   • § 7602 Section 7601 does not apply to any track, siding, spur, or other track owned by private persons for their own use, except when the track, siding, spur, or…
   • § 7603 Any corporation, company, or person, or any officer, superintendent, manager, or other agent thereof, who violates any of the provisions of Sections 7601 or…
   • § 7604 (a) (1) Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in…
   • § 7605 Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this State by steam locomotives, shall equip all steam locomotives…
   • § 7606 Every steam locomotive used upon a railroad in this State, carrying passengers or freight for hire, shall be equipped with one or more water glasses of the…
   • § 7607 Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this State, shall equip all locomotive engines used in the…
   • § 7608 Every railroad company, or the receiver or receivers of any railroad, operating trains within this state, shall provide a first aid kit containing written…
   • § 7609 Every railroad company, or the receiver or receivers thereof, operating trains in whole or in part within this State, shall provide an emergency first-aid kit…
   • § 7610 The employee of any railroad company, or the receiver or receivers thereof, having charge of any passenger train, caboose, locomotive, motor or diesel engine…
   • § 7611 Any person or any employee of any railroad company, or the receiver or receivers thereof, who removes, carries away from its proper place, or uses any…
   • § 7612 It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of California and engaged in the business of…
   • § 7613 On and after July 1, 1954, any owner or operator of a railroad running through or within this State as a common carrier of persons or property or both, for…
   • § 7614 It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of California and engaged in the business of…
6. ARTICLE 6. Fences §§ 7626–7631 · 6 sections

   • § 7626 Every railroad corporation shall make and maintain a good and sufficient fence on both sides of its track and property. If it does not and if its engine or…
   • § 7627 A railroad corporation that pays to the owner of the land through or along which its road is located an agreed price for making and maintaining a good and…
   • § 7628 The commission may require every railroad corporation operating any steam or electric railroad in this State to erect and maintain lawful fences on each or…
   • § 7629 The authority of the commission to require such fences shall be exercised in each instance only when a verified application is filed with the commission by the…
   • § 7630 Upon hearing the commission shall determine whether or not any fence or fences are necessary to protect cattle, horses, mules, or any other domestic animals…
   • § 7631 The failure of any railroad corporation to comply with any order of the commission authorized by this article shall not subject it, or any of its officers,…
7. ARTICLE 7. Operation §§ 7653–7663 · 11 sections

   • § 7653 Every railroad corporation shall furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold…
   • § 7654 Every railroad corporation shall print and conspicuously post on the inside of its passenger cars its rules and regulations regarding fare and conduct of its…
   • § 7655 A check shall be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of a railroad corporation and a duplicate…
   • § 7656 If any passenger refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested to do so, the conductor and employees of the…
   • § 7657 Every conductor, baggage master, engineer, brakeman, or other employee of any railroad corporation, employed on a passenger train or at stations for…
   • § 7658 No city or county or city and county ordinance which establishes a limit on the speed of trains shall be valid unless that ordinance has been approved by the…
   • § 7659 Notwithstanding any city or county or city and county ordinance to the contrary, no railroad conductor or engineer, who, while operating a train, obstructs a…
   • § 7660 The commission, in authorizing any restrictions on the speed of rail services, shall do so only upon receipt of evidence and a finding (a) that the restriction…
   • § 7661 (a) The commission shall require every railroad corporation operating in this state to develop, within 90 days of the effective date of the act adding this…
   • § 7662 (a) (1) A railroad corporation shall place appropriate signage to notify an engineer of an approaching grade crossing, consistent with federal law. (2) Whistle…
   • § 7663 Whenever the Department of the California Highway Patrol or a designated local public safety agency responds to a railroad accident, the accident shall be…
8. ARTICLE 7.3. Local Community Rail Security Act of 2006 §§ 7665–7667 · 9 sections

   • § 7665 (a) This article shall be known, and may be cited, as the Local Community Rail Security Act of 2006. (b) The Legislature declares that the purpose of this act…
   • § 7665.1 Unless the context requires otherwise, for purposes of this article: (a) “Agency” or “office” means the Office of Emergency Services. (b) “Secretary” or…
   • § 7665.2 By July 1, 2007, every operator of rail facilities shall provide a risk assessment to the commission and the office for each rail facility in the state that is…
   • § 7665.3 The office may provide the risk assessment provided pursuant to Section 7665.2 to other law enforcement or emergency personnel.
   • § 7665.4 (a) By January 1, 2008, every rail operator shall develop and implement an infrastructure protection program to protect rail infrastructure in the state from…
   • § 7665.6 Every rail operator shall, for all facilities that handle hazardous cargo, do all the following: (a) Secure all facilities that handle or store hazardous…
   • § 7665.8 Every rail operator shall provide communications capability that can accomplish all of the following: (a) Timely alerting local and state law enforcement…
   • § 7666 No rail operator or any other person covered by this article may act to punish an employee who reports a violation of this article. An employee against whom a…
   • § 7667 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
9. ARTICLE 7.5. Hazardous Materials Transportation by Rail §§ 7671–7673 · 4 sections

   • § 7671 The Legislature finds and declares that the purpose of this article is to protect the health and safety of the public and to improve the safety of transporting…
   • § 7672 For purposes of this article, “hazardous material” means either of the following: (a) A hazardous material, as defined in Section 171.8 of Title 49 of the Code…
   • § 7672.5 Any railroad corporation which is involved in an incident resulting in a release, or threatened release, of a hazardous material shall immediately report the…
   • § 7673 Each railroad corporation which transports hazardous materials in the state shall do all of the following: (a) Provide a system map of the state to the Office…
10. ARTICLE 8. Crimes §§ 7676–7681 · 7 sections

    • § 7676 Every person who, in making up or running any railroad train, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is…
    • § 7677 No person, firm, or corporation operating a railroad with more than four trains each way every 24 hours shall require or permit any engineer, fireman,…
    • § 7677.1 Radio or other means of communication not hereinabove referred to in Section 7677 may be used for the purpose of transmitting orders for the movement of…
    • § 7678 Except as provided in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 7604, every person in charge of a locomotive engine who, before crossing…
    • § 7679 Any person employed upon any railroad as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridge-tender, flagman, or signalman, or having…
    • § 7680 Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive, or train, who willfully or…
    • § 7681 Every engineer, conductor, brakeman, switch-tender, or other officer, agent, or servant of any railroad company, who is guilty of any wilful violation or…
11. ARTICLE 9. Rail Service Assistance §§ 7700–7705 · 6 sections

    • § 7700 By Section 803 of the Railroad Revitalization and Regulatory Reform Act of 1976, designated in this chapter as the “act,” Congress has established a local rail…
    • § 7701 The Department of Transportation, in cooperation with the commission and other affected state and local agencies, shall be responsible for the preparation and…
    • § 7702 The Department of Transportation, in cooperation with the commission and other affected state and local agencies, shall perform the duties required by the act…
    • § 7703 The Department of Transportation shall administer a program of projects for rail service assistance financed in whole or in part with funds derived pursuant to…
    • § 7704 To the maximum extent permitted by federal law, rules, and regulations, the Department of Transportation shall recover the costs of administering this chapter…
    • § 7705 The Governor, the Secretary of the Business and Transportation Agency, and the Department of Transportation may enter into such agreements, execute such…
12. ARTICLE 10. Railroad Safety and Emergency Planning and Response §§ 7710–7727 · 17 sections

    • § 7710 For purposes of this article, the following definitions shall apply: (a) “Commission” shall mean the Public Utilities Commission. (b) “Fund” means the Rail…
    • § 7711.1 The commission shall collect and analyze near-miss data generated from incidents occurring at railroad crossings and along the rail right-of-way. For purposes…
    • § 7712 On or before January 1, 1993, the commission shall adopt regulations, based on its findings and not inconsistent with federal law. The commission may amend or…
    • § 7713 (a) The Rail Accident Prevention and Response Fund is hereby created in the State Treasury, and the money in the fund is available for appropriation by the…
    • § 7714 (a) The Hazardous Spill Prevention Account in the Railroad Accident Prevention and Response Fund is hereby created. The moneys deposited in the prevention…
    • § 7714.5 (a) In accordance with regulations adopted pursuant to Section 7713, the secretary shall establish a fee schedule, which shall be paid by each surface… see note
    • § 7718 (a) The Railroad Accident Prevention and Immediate Deployment Force is hereby created in the California Environmental Protection Agency. The force shall be…
    • § 7720 (a) (1) When an appropriate prosecuting agency determines that any person has engaged in, is engaging in, or is about to engage in, any acts or practices which…
    • § 7721 Every civil action commenced pursuant to this article for civil or criminal penalties authorized by this article shall be brought by the city attorney, the…
    • § 7722 Any civil action brought in the superior court pursuant to this article shall be brought in the county in which the spill, discharge, or violation occurred,…
    • § 7723 The civil and criminal penalties provided in this article are separate and in addition to, and do not supersede or limit, any other civil or criminal remedy.
    • § 7724 (a) Any person who commits any of the following acts, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by…
    • § 7724.1 (a) If a person reasonably, and in good faith, believes that the directions or orders given by the secretary or the commission would substantially endanger the…
    • § 7724.5 (a) Any person who commits any of the acts set forth in paragraphs (1) to (3), inclusive, shall be liable for a civil penalty not to exceed one hundred…
    • § 7725 Twenty-five percent of penalties and fines collected pursuant to any action brought under Sections 7724 and 7724.5 shall be paid to the governmental agency or…
    • § 7726 (a) When the secretary or the commission determines that any person has engaged in, is engaged in, or threatens to engage in, any practice or act which…
    • § 7727 Notwithstanding any other provision of law, this chapter shall not be construed to make a reference to the California Environmental Protection Agency for the…